Reports of Cases Argued and Determined in the Circuit Court of the United States for the First Circuit: Containing the Cases Determined in the Districts of New-Hampshire, Massachusetts and Rhode-Island, in the Years 1812[-1815], Volumen2
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action admiralty admitted agent alleged allowed appear apply authority award belong bill bound British brought capture cargo carried cause character circumstances claim claimant commission common law completely condemnation consideration considered construction contract Court crew cruise decide decision decree deemed defendant demandants direct District doctrine doubt duties effect enemy enemy's engaged entitled evidence exception fact farther follow foreign freight given ground held imported intention interest Judge judgment jurisdiction jury land letter license limitation Lord March mariners maritime master nature necessary neutral objection officers opinion original owners parties person plaintiff plea port possession present principle privateer prize proceedings proceeds proof provisions question reason received remain respect rule seems ship statute STORY suit supposed taken term thing third tion torts trade true United unless vessel voyage wages whole
Página 229 - That the judgment of a Court of concurrent jurisdiction directly upon the point, is, as a plea a bar, or as evidence conclusive between the same parties upon the same matter directly in question in another Court.
Página 139 - Upon principle, every statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past, must be deemed retrospective.
Página 135 - It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of his Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein ; and may grant, sell, or devise the same to whom they please, in like manner as if they were natives ; and that neither they nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident...
Página 181 - ... citizens of the United States, who may be desirous of returning to the United States, and for the maintenance of American seamen...
Página 499 - The sovereignty of the United States over the territory was, of course, suspended, and the laws of the United States could no longer be rightfully enforced there, or be obligatory upon the inhabitants who remained and submitted to the conquerors. By the surrender the inhabitants passed under a temporary allegiance to the British government, and were bound by such laws, and such only, as it chose to recognize and impose.
Página 138 - that the laws of the several States, except where the constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Página 472 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas...
Página 265 - By the modern law of nations, provisions are not, in general, deemed contraband; but they may become so, although the property of a neutral, on account of the particular situation of the war, or on account of their destination. If destined for the ordinary use of life in the enemy's country they are not, in general, contraband; but it is otherwise if destined for military use. Hence, if destined for the army or navy of the enemy, or for his ports of naval or military equipment, they are deemed contraband.
Página 515 - Now therefore know ye, that I, the Secretary of the Treasury, in consideration of the premises, and by virtue of the power and authority to me given by the said...
Página 470 - Mediterranean, and, from the general equity and simplicity .of its proceedings, soon commended itself to all the maritime states ; that jurisdiction, in short, which collecting the wisdom of the civil law, and combining it with the customs and usages of the sea, produced the venerable Consolato del Mare, and still continues in its decisions to regulate the commerce, the intercourse, and the warfare of mankind.